HomeMy WebLinkAboutReso 2002-397- RESOLUTION NO. 2002-397
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MODIFYING THE RESOLUTION OF INTENT
TO FORM COMMUNITY FACILITIES DISTRICT NO. 08M
(VILLAGE 6 - MCMILLIN OTAY RANCH AND OTAY
RANCH COMPANY) TO MODIFY THE RATE AND METHOD
OF APPORTIONMENT OF SPECIAL TAX AND DIRECTING
THE PREPARATION OF A REPORT OF THE IMPACT OF
SUCH PROPOSED MODIFICATION
WHEREAS, the City Council of the City of Chula Vista, California (the "City Council"),
has initiated proceedings to create a Community Facilities District and to designate two
improvement areas therein pursuant to the terms and provisions of the "Mello-Roos Community
Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of
the State of California (the "Act") and the City of Chula Vista Community Facilities District
Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3,
5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and
the Ordinance may be referred to collectively as the "Community Facilities District Law"). The
Community Facilities District is designated as Community Facilities District No. 0SM (Village
6, McMillin Otay Ranch and Otay Ranch Company) (the "District"); and
WHEREAS, this City Council previously adopted its Resolution No. 2002-319 declaring
the intention of the City Council to consider the formation of the District and declaring the
intention of the City Council to levy a special tax within the District pursuant to the rate and
method of apportionment of the special tax ("Rate and Method") attached to the Resolution of
Intention; and
WHEREAS, pursuant to the Community Facilities District Law, the City Council
scheduled a public hearing to be held on September 24, 2002 to consider the formation of the
District; and
WHEREAS, the public heating was duly opened on September 24, 2002; and
WHEREAS, subsequent to the adoption of the Resolution of Intention, one of the
property owners within the proposed District has requested that the District be authorized to
finance the maintenance of additional landscaping improvements; and
WHEREAS, the financing of such additional landscaping, if approved, will require an
increase in the rates of the special tax set forth in the Rate and Method; and
WHEREAS, the Community Facilities District Law requires that where the City Council
proposes to modify the Resolution of Intention in a way that will increase the probable special
tax to be paid by the owner of any lot or parcel, the City Council shall direct that a report be
prepared that includes an analysis of the impact of the proposed modifications on the probable
special tax to be paid by the owners of lots or parcels in the District; and
WHEREAS, this City Council desires to order the preparation of such a report and to
continue the public hearing to consider such report.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
Resolution 2002-397
Page 2
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Preparation of Report. This City Council hereby directs the Director of Public
Works to prepare or to cause the preparation of a report, including a brief analysis of the impact
of the proposed modifications on the probable special tax to be paid by the owners of the lots or
parcels in the proposed District resulting from the financing of the additional landscaping
improvements. Such report is to be delivered to the City Council prior to the date of the
continued public heating regarding the formation of the District, and such report is to be
considered before approval of the proposed modifications and the Resolution of Formation of the
District which may include these modifications.
SECTION 3. Continuance of Public Heating. The public hearing pertaining to the formation of
the District is hereby continued to October 22, 2002.
Presented by Approved as to form by
- John M. Kaheny - v
Pulffic Works Director City Attomey
Resolution 2002-397
Page 3
- PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day of October, 2002, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Shirley Hoff6n, Mayor
ATTEST:
Susan Bigelow, City Clerk"'
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2002-397 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 8th day of October, 2002.
Executed this 8th day of October, 2002.
Susan Bigelow, City Clerk o